Criminal Prosecutions and Compensation
Claims as Deterrence
Tools are used by the international community to stimulate compliance with IHL, which is key to preventing
violations of this body of law. These tools include reciprocity, reprisals, public opinion, the concept of
protecting powers, humanitarian fact-finding commissions, as well as state responsibility, and individual
criminal responsibility.
ETHIOPIA ERITREA CLAIMS COMMISSION AND PROSECUTIONS BEFORE THE ICTY AND
ICC
After Eritrea had become an independent state An example of the enforcement of IHL through the
from Ethiopia in 1999, the border between the two prosecution of war criminals.
states became a major source of dispute. This
border dispute eventually evolved into an In the 1990s a series of separate but related ethnic
international armed conflict also known as the conflicts and wars of independence took place in the
Eritrean-Ethiopian War. During two years of intense former Yugoslavia. Thriving on nationalism the Serbs
fighting, Ethiopia expelled tens of thousands of clashed with the Croats and Muslims. One of the
civilian Eritreans living in the territory they claimed notorious events that took place during the Yugoslav
to be Ethiopian. The belongings of these civilians wars is known as the Srebrenica massacre. In this
were confiscated. On the Eritrean side, thousands context an army of Bosnian Serbs killed approximately
of Ethiopians living in the territory they called 8000 Serbian muslim men and transferred and abused
Eritrea were either interned or deported. over 25000 Serbian muslim women children and
elderly.
In 2000, the parties concluded a peace agreement,
and not long after that the Eritrea-Ethiopia Claims As a consequence, the U.N. Security Council
Commission was established at the Permanent International Criminal Tribunal for
established the
Court of Arbitration. As a result, war victims were the former Yugoslavia in 1993. The purpose of this
able to request compensation through the tribunal was to prosecute persons responsible for the
commission if they had faced individual loss, most serious crimes committed during the Yugoslav
damage, or injury caused by the conflict. To date wars. The ICTY indicted over 160 persons including
many victims have successfully submitted claims soldiers, generals, police commanders, and prime
involving economic and property losses. ministers. One of the most prominent trials involved
the president of Serbia at the time, Slobodan
Milosevic, who faced 66 counts of crimes against
humanity, war crimes, and genocide, allegedly
committed during the Yugoslav war. However,
Milosevic died in his prison cell before the ICTY Trial
Chamber could reach a verdict.
, DEMANDS FOR
COMPENSATION
International humanitarian law has developed
since the 19th century into an extensive body
of law with numerous treaty and customary
rules. The Geneva Conventions, which forme
the core of IHL, have been ratified by 196
states. Still, compliance with IHL remains a
challenge. A commonly held belief is that in
nearly every armed conflict, IHL is violated by
most parties to the conflict.
The International Criminal Court,
established by the 1998 Rome
which
Statute
was
which
Meanings of implementation
entered into force in 2002.
Republic of Congo, a major conflict took place
In the Democratic
and enforcement
The implementation of IHL refers to the process of
from 1999 to 2003 between two ethnic groups, the
giving effect to the relevant international
Lendus and the Hemas, in the Ituri region. Ethnic
obligations at the national level. States can
tensions and land disputes were at the heart of
implement IHL through the adoption of domestic
this so-called Ituri conflict which led to more than
legislation, and by instructing military
50,000 deaths. The Hemas were represented by
commanders of the armed forces, as well as
the Union of Congolese Patriots or UPC. The UPCs
disseminating IHL among the general public.
military wing recruited children on a massive scale.
Enforcement of IHL refers to the acts which
Years after the conflict, the International Criminal ensure that the laws of armed conflict are
Court first conducted a trial against and then respected. IHL can be enforced in a number
convicted the president of the military wing, of ways, including through measures of the
Thomas Lubanga Dyilo, for committing the war UN Security Council passed under chapter
crimes of conscripting and enlisting children into seven of the UN Charter, through judgments
the armed forces and using them to participate of the International Court of Justice, through
actively in hostilities. Mr. Lubanga became the first the payment of reparations, or even through
person to be convicted by the International criminal prosecutions in national and
Criminal Court. On 14 March 2012 the Trial international courts and tribunals when
Chamber sentence him to 14 years of specific rules of IHL are violated.
imprisonment.
Every legal system needs both implementation
and enforcement mechanisms to ensure
compliance with the law and to counteract
violations. International humanitarian law
specifically require states to implement and
enforce the rules that govern armed conflict.
The crucial norm in this regard is Common
Article 1 of the Geneva Conventions. Which
states that the high contracting parties have a
duty and I quote, "To respect and to ensure
respect for IHL."
Claims as Deterrence
Tools are used by the international community to stimulate compliance with IHL, which is key to preventing
violations of this body of law. These tools include reciprocity, reprisals, public opinion, the concept of
protecting powers, humanitarian fact-finding commissions, as well as state responsibility, and individual
criminal responsibility.
ETHIOPIA ERITREA CLAIMS COMMISSION AND PROSECUTIONS BEFORE THE ICTY AND
ICC
After Eritrea had become an independent state An example of the enforcement of IHL through the
from Ethiopia in 1999, the border between the two prosecution of war criminals.
states became a major source of dispute. This
border dispute eventually evolved into an In the 1990s a series of separate but related ethnic
international armed conflict also known as the conflicts and wars of independence took place in the
Eritrean-Ethiopian War. During two years of intense former Yugoslavia. Thriving on nationalism the Serbs
fighting, Ethiopia expelled tens of thousands of clashed with the Croats and Muslims. One of the
civilian Eritreans living in the territory they claimed notorious events that took place during the Yugoslav
to be Ethiopian. The belongings of these civilians wars is known as the Srebrenica massacre. In this
were confiscated. On the Eritrean side, thousands context an army of Bosnian Serbs killed approximately
of Ethiopians living in the territory they called 8000 Serbian muslim men and transferred and abused
Eritrea were either interned or deported. over 25000 Serbian muslim women children and
elderly.
In 2000, the parties concluded a peace agreement,
and not long after that the Eritrea-Ethiopia Claims As a consequence, the U.N. Security Council
Commission was established at the Permanent International Criminal Tribunal for
established the
Court of Arbitration. As a result, war victims were the former Yugoslavia in 1993. The purpose of this
able to request compensation through the tribunal was to prosecute persons responsible for the
commission if they had faced individual loss, most serious crimes committed during the Yugoslav
damage, or injury caused by the conflict. To date wars. The ICTY indicted over 160 persons including
many victims have successfully submitted claims soldiers, generals, police commanders, and prime
involving economic and property losses. ministers. One of the most prominent trials involved
the president of Serbia at the time, Slobodan
Milosevic, who faced 66 counts of crimes against
humanity, war crimes, and genocide, allegedly
committed during the Yugoslav war. However,
Milosevic died in his prison cell before the ICTY Trial
Chamber could reach a verdict.
, DEMANDS FOR
COMPENSATION
International humanitarian law has developed
since the 19th century into an extensive body
of law with numerous treaty and customary
rules. The Geneva Conventions, which forme
the core of IHL, have been ratified by 196
states. Still, compliance with IHL remains a
challenge. A commonly held belief is that in
nearly every armed conflict, IHL is violated by
most parties to the conflict.
The International Criminal Court,
established by the 1998 Rome
which
Statute
was
which
Meanings of implementation
entered into force in 2002.
Republic of Congo, a major conflict took place
In the Democratic
and enforcement
The implementation of IHL refers to the process of
from 1999 to 2003 between two ethnic groups, the
giving effect to the relevant international
Lendus and the Hemas, in the Ituri region. Ethnic
obligations at the national level. States can
tensions and land disputes were at the heart of
implement IHL through the adoption of domestic
this so-called Ituri conflict which led to more than
legislation, and by instructing military
50,000 deaths. The Hemas were represented by
commanders of the armed forces, as well as
the Union of Congolese Patriots or UPC. The UPCs
disseminating IHL among the general public.
military wing recruited children on a massive scale.
Enforcement of IHL refers to the acts which
Years after the conflict, the International Criminal ensure that the laws of armed conflict are
Court first conducted a trial against and then respected. IHL can be enforced in a number
convicted the president of the military wing, of ways, including through measures of the
Thomas Lubanga Dyilo, for committing the war UN Security Council passed under chapter
crimes of conscripting and enlisting children into seven of the UN Charter, through judgments
the armed forces and using them to participate of the International Court of Justice, through
actively in hostilities. Mr. Lubanga became the first the payment of reparations, or even through
person to be convicted by the International criminal prosecutions in national and
Criminal Court. On 14 March 2012 the Trial international courts and tribunals when
Chamber sentence him to 14 years of specific rules of IHL are violated.
imprisonment.
Every legal system needs both implementation
and enforcement mechanisms to ensure
compliance with the law and to counteract
violations. International humanitarian law
specifically require states to implement and
enforce the rules that govern armed conflict.
The crucial norm in this regard is Common
Article 1 of the Geneva Conventions. Which
states that the high contracting parties have a
duty and I quote, "To respect and to ensure
respect for IHL."
